WILLS & PROBATE – A DO-IT-YOURSELF PACKAGE FOR ONLY € 50

70% of the Irish working population – about 1.4million – do NOT have a Will in place…there is a reticence and reluctance in carrying out what is a really important function, especially if you have family. Dying intestate ( no Will ) is a disaster for those loved ones left behind so writing a Will should be a simple exercise to undertake for the majority of people in Ireland.

99% of Irish citizens’ estates ( what they own ) are NOT complex – generally one or two properties, a few bank accounts, some alternative assets such as your car, your watch, some art etc.. that’s it. Also the vast majority of citizens have uncomplicated relationships.

 

For those citizens, drafting your own Will could not be easier while you do NOT have to to execute ( sign ) a Will in a solicitor’s office – you can do it in the comfort of your own home or anywhere as long as you have two people witnessing your signature as you signthe witnesses do not have to see what is in the Will.you can also empower your executor/executrix to process Probate ( a really simple task ) after you have passed on saving your estate 000s of euro in legal fees.  See THE 4 PROBATE STEPS  below.

Remember too once you have downloaded the Will template and package on your laptop/PC, you can amend and edit as many times as you want WITHOUT COST….

 

70% of the Irish working population – about 1.4million – do NOT have a Will in place…there is a reticence and reluctance in carrying out what is a really important function, especially if you have family. Dying intestate ( no Will ) is a disaster for those loved ones left behind so writing a Will should be a simple exercise to undertake for the majority of people in Ireland.

99% of Irish citizens’ estates ( what they own ) are NOT complex – generally one or two properties, a few bank accounts, some alternative assets such as your car, your watch, some art etc.. that’s it. Also the vast majority of citizens have uncomplicated relationships.

For those citizens, drafting your own Will could not be easier while you do NOT have to to execute ( sign ) a Will in a solicitor’s office – you can do it in the comfort of your own home as long as you have two people witnessing your signature as you sign…  you can also empower your executor/executrix to process Probate ( a simple task ) after you have passed on saving your estate OOOs of euro in legal fees.  See PROBATE STEPS  below.

 

John Lowe of MoneyDoctors.ie  launched on Wednesday 4th August 2021 a new cost-effective service enabling thousands of Irish citizens to safely and securely draft up their own Wills AND put in place a structure whereby their representatives are empowered to process the Grant of Probate without the need to involve the legal profession outside of property conveyancing, saving 000s of euro. Scroll down to the bottom of the page for media coverage – 12 radio interviews, 2 national newspaper articles and a magazine article.

You can now order one of 6 different WILL templates (in word document) and accompanying 8 documents (including this PRESS RELEASE) in a special do-it-yourself package from www.moneydoctors.ie/wills.

The cost of this complete Will package ?   Only € 50 plus 23% VAT ( a total of € 61.50 )

Each package includes :

  • 3 word documents (one of 6 Will template options, a List of Assets & Personal Information template and an Enduring Power of Attorney template) so YOU can input on YOUR laptop or complete in YOUR own handwriting… plus 6 other pdf documents including this press release.

CAVEATS…

IF YOU ARE UNSURE ABOUT THE COMPLEXITY OF YOUR ESTATE – WHAT YOU OWN, THE COMPLEXITIES OF YOUR RELATIONSHIPS OR IF YOU FEEL ANYTHING IS MISSING FROM YOUR WILL TEMPLATE SEEK PROFESSIONAL LEGAL ADVICE ON A ONCE OFF FEE BASIS SO YOU CAN THEN DETERMINE WHETHER THESE TEMPLATES WILL BE SUITABLE FOR YOU.

Please note that MONEY DOCTORS do not give any advice including legal or taxation whatsoever on these blank templates nor accept any responsibility in the event of any dispute arising and disclaim all liability or responsibility for any losses or damage which may be sustained by any person including the testator, beneficiaries, executors/executrices or any 3rd parties as a result of taking these blank templates and completing same.

 

THE DETAILS …

Probate is a word misunderstood by most…it is the entire legal administration of a dead person’s possessions or ‘estate’… if you are an Irish citizen and you die having possessions worth over € 25,000 which are not passing to a co-owner, you MUST go through a legal process upon death known as Probate to establish who the rightful owners of your possessions are and for those beneficiaries to pay taxes on amounts over the allowed tax-free thresholds to Revenue. It is a simple process for 99% of those 70% of the Irish population that do not have a Will… fill in a form, make an appointment with the Personal Representative in the Probate Office ( there are a number of them ) and hey presto, the Grant of Probate is issued and your representative as executor/executrix can distribute the assets of the estate ( what you own ) according to the wishes in your Will. You’ll save your estate € 000s in legal fees if you empower your representative (executor / executrix) to process the Probate – a really simple exercise. Follow the 4 Probate steps below.

Dying intestate ( no will ) is a disaster for those left behind…Letters of Administration have to be obtained from the Probate Office..…legal representation is generally sought by the family while not really needed…but it amounts to hassle, delays and cost.

When people think of Wills, they think of solicitors… the majority of solicitors charge a small fee for drafting Wills however they never let you know what the Probate estimate costs will be when you pass on. They also generally keep the original copy of the Will “for safe-keeping” – needed for the Grant of Probatemeaning your executor/executrix have to go to the solicitor holding the Will when you, the Testator, dies.

Therefore with this new DIY Will package, just ensure you or your loved ones keep the original copy of the Will and let your representatives ( executor/s / executrix/ces ) know where that original copy is kept as it will be needed when applying for the Grant of Probate.

Your estate will save on time and money as this simple process can be expensive if done via a legal firm – to quote from https://www.moneyadviceservice.org.uk/some probate specialists and solicitors charge an hourly rate while others charge a fee that is a percentage of the value of the estate ( all your assets – the things you own that are valuable ). This fee is usually calculated as between 1% to 5% of the value of the estate PLUS VAT. 

John Lowe of MoneyDoctors.ie said “I have seen a probate charge of 3½% for the first € 10,000 of the total estate value, 3% for the 2nd € 10,000 and 2½% for the balance…simply unjustifiable… especially where the estate is less than € 1.5million and there are no relationship complications….that’s € 30,934.50 including VAT for the first € 1million…”

There are only 6 basic types of Will…  click on the explanatory video before downloading.

When you are ready to complete the Will template, check the top 10 tips on the Press Release before completing.

 

Please click on your preferred Will template to download the full package :

– The download is valid for 7 days from the date of purchase but once downloaded you never need to download again.

    With this package…

      • You will receive your preferred Will template in a word document format where YOU complete same on YOUR own laptop/PC or in YOUR own handwriting…no leaving extremely personal information about your Last Will & Testament on a known or unknown website no matter how secure it is…
      • You will also receive a “List of Assets & Personal Information” template in a word document format …ranging from your property, bank accounts, shares investments and alternative assets to the email and passwords of all your social media apps… again YOU complete on YOUR laptop/PC or in YOUR own handwriting…
      • Included in the package is an Enduring Power of Attorney (EPA) template and an explanatory Fact Sheet What is an Enduring Power of Attorney – PDF 
      •  Last May 2023 the government after much lobbying introduced a Decision Support Service based in Waterloo Rd Dublin 4 ( www.decisionsupportservice.ie )
        • An online EPA application that a vast number of older people will not be bothered to apply
        • Solicitors even are not too happy at
          1. Responsibility they have to undertake
          2. The fee that does not match that responsibility
        • A paper application can still be made…but will take longer to process..

        The whole idea was to simplify the process and the government succeeded in complicating it even further…

        Our input – the Will package – was simply to let people know what an Enduring Power of Attorney is and how it basically works…

        There are two parts 

        1. You register the attorney ( family member or friend ) to take over the donor’s assets and care decisions.. with the latter the new DSS wants to segregate these two and allow the donor still to make their own care decisions. You will need a medical doctor to confirm compos mentis plus a solcitor to confirm the donor has been advised on the process and the implications.
        2. When and if the time comes, if incapacitation of the donor occurs in the future, the attorney/s may then apply to the High Court to take over the EPA… it may also never be needed.

                                                                                                                                                                                                                                             

        When you make a Will, an EPA is generally never mentioned nor activated. Our DIY low cost Will package including the EPA formand explanatory document was merely to flag its importance in future years.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                          Also included from the best-selling Money Doctors 2024 is the chapter “Coping with bereavement” in pdf format – everything you want to know from the Will to the Probate – the latter a very simple process for the executor/s / executrix/ces as described in this chapter – when someone close to you dies. Your estate will save considerably on legal fees.You register the attorney ( family member or friend ) to take over the donor’s assets and care decisions.. with the latter the new DSS wants to segregate these two and allow the donor still to make their own care decisions. You will need a medical doctor to confirm compos mentis plus a solcitor to confirm the donor has been advised on the process and the implications.When and if the time comes, if incapacitation of the donor occurs in the future, the attorney/s may then apply to the High Court to take over the EPA… it may also never be needed.You register the attorney ( family member or friend ) to take over the donor’s assets and care decisions.. with the latter the new DSS wants to segregate these two and allow the donor still to make their own care decisions. You will need a medical doctor to confirm compos mentis plus a solcitor to confirm the donor has been advised on the process and the implications.

    • Four other documents included are
          • The 4 Probate steps ( a one page guide for your executor/executrix to apply themselves for ther Grant of Probate when the time comes – pdf ) 
          • Bereavement check list & Irish Funeral Guide 2021 ( pdf )
          • Bereavement Support Services 2021 ( pdf )
          • Press release – Wills & Probate – a do-it-yourself package (4.8.21) (pdf)

 

There are just a few important things to remember when you are completing your Will – here are my top 10…

  1. You have to nominate an executor/s or executrix/ces who is appointed to look after the affairs/estate of you, the deceased person and make sure your wishes, as set out in your Will, are put into place. Therefore you have to tell them about the Will and its location.
  2. Ensure any beneficiaries are fully named with their addresses / Eircodes even PPS #s..
  3. You sign and date the Will… if you have any medical issues you may need to obtain a certificate of competence from a doctor or specialist stating you have the capacity to sign a Will…”being of sound mind“…
  4. The two witnesses who witness your signature must NOT benefit directly or indirectly from your estate. Their full names, addresses, PPS numbers, Eircodes and occupations must be recorded on the Will below your name. The same witnesses do not have to see the contents of your Will just witness your signature.
  5. You then keep the original Will and put it up in a safe place – make a copy and give it to a trusted friend / family member. The original Will is the important document and if you want the executor/s / executrix/ces to complete the Probate, they will need the original Will so they must know where it is located. Also make provision in case of a house fire… ( fire proof safe or filing cabinet etc )
  6. Make provision in case any of your executor/s / executrix/ces or beneficiaries pre-decease you.
  7. Be sure to nominate a guardian if you have children under 18 and / or make provision if you have children with special needs.
  8. DNA assets should also be recorded. You need permission to sample it, and permission to access any records relating to it. Many by now have Ancestry.ie or similar. This should be listed since this is definitely a valued piece of family inheritance. Remembering too that the person who has access to any DNA records must be, like an executor/s / executrix/ces, responsible enough to take on the info that may come with it.
  9. The template for an Enduring Power of Attorney is included in this package and a fact sheet on why you may need to take one out for your loved ones or yourself. A solicitor will be required at that time to effect same as it can only be obtained in the High Court. For more information visit this weblink –https://www.citizensinformation.ie/en/death/before_a_death/power_of_attorney.html
  10. Click on this link to find out about the 3 group thresholds (e.g. A – Parent to child €335,000 etc B & C ) and all you need to know about inheritancehttps://www.citizensinformation.ie/en/money_and_tax/tax/capital_taxes/capital_acquisitions_tax.html

Only where estates or relationships are complex will you need the services of a legal firm. Conveyancing property will also attract legal fees and still require a solicitor but like everything else, your executor/s / executrix/ces should shop around for the best deals.

 

If Probate is necessary, the deceased’s assets will be “frozen” ( cannot withdraw funds from their bank accounts etc ) and can only be accessed once a Grant of Representation from the Probate Office ( part of the High Court – the Principal Probate Registry is the Dublin Probate Office in Smithfield Dublin 7 tel +353 1 8886174/6728 plus there are other offices in Cork, Limerick Galway and a number of other District Probate Registries ) has been issued (or a Grant of Letters of Administration from the Probate Office if there is no Will).. this is a very simple process that most executors/executrices can undertake to do themselves and save your estate 000s of euro in legal fees.

Therefore you can not only write up the Will yourself on YOUR own lap top or YOUR own handwriting, you can also instruct your executor/s / executrix/rices to apply for the Grant of Probate in the Probate Office themselves when you pass on – a really simply exercise that also is NOT complex. The 4 Probate Steps (pdf) is a simple one page guide to give to the executor/executrix so they can apply themselves for the Grant of Probate and potentially save the estate € 000s in legal fees. This is included in the Will package.

THE 4 PROBATE STEPS….

  1. You the executor or executrix ( you were nominated in the Will by the testator – the person who signed the Will ) will need the original Will ( ensure it is witnessed properly and signed by the testator ) Certificate of Competence ( if necessary ) and List of Assets – including financial, property, other assets & PRSI #s – ideally all should be attached to the Will ( though you will be transcribing that list on to the SA2 form ) to start the process of applying for the Grant of Probate. You will also need  a. Death Certificate  b. Tax Clearance Certificate from Revenue by applying online at .. myGov.. myAccount .. myEnquiries c. SA2 form ( asset declaration form – apply ROS  –>myAccount –>myServices –>Gifts & Inheritances –>SA2 Form) or  https://www.ros.ie/myaccount
  • Use asset values from those you put in the SA2 form
  • Tax return should be done on Form12 (PAYE)
  • Form11 is used for Self Employed (Chargeable Person)
  • Revenue commit to issuing this within 35 days

2. You then apply to the Probate Office ( there are several around the country but the main one is in Dublin ) for the application form to complete.. this is the link – https://www.courts.ie/applying-probate-without-solicitor  ( it has all the info on what you need to do ) Probate office will then issue you Notice of Acknowledgment.

3. Once you have sent in that form to the Probate Office, you will then make an appointment to “see” – probably by zoom – the Personal Representative in the Probate Office to go through your application form.. takes about 30 minutes

4. If all is approved, you then receive the Grant of Probate after which you distribute the assets in the estate ( what the person who died owned ) according to the instructions in the Will..

The process is now taking far longer but it would be the same for the legal profession. You will save 000s of euro in legal fees by advising your representative to do it themselves and apply for the Grant of Probate.

 

For fees payable in the Probate Office and District Probate Registries ( based on the value of your estate, they are not onerous plus only payable when processing Probate…) click on this weblink :

https://www.courts.ie/content/fees-payable-probate-office-and-district-probate-registries

 

 

HOW TO ORDER YOUR DIY WILL PACKAGE…. 

  • Click on www.moneydoctors.ie/wills and select your preferred Will template. Upon receipt of € 61.50 payment, you can download that Will document plus 2 more word documents ( the List of Assets & Personal Information template and the Enduring Power of Attorney  template ) along with 6 pdf documents.  You can only download once and you have 7 days to download.  

 

 

CAVEATS…

IF YOU ARE UNSURE ABOUT THE COMPLEXITY OF YOUR ESTATE – WHAT YOU OWN, THE COMPLEXITIES OF YOUR RELATIONSHIPS OR IF YOU FEEL ANYTHING IS MISSING FROM YOUR WILL TEMPLATE SEEK PROFESSIONAL LEGAL ADVICE ON A ONCE OFF FEE BASIS SO YOU CAN THEN DETERMINE WHETHER THESE TEMPLATES WILL BE SUITABLE FOR YOU.

Please note that MONEY DOCTORS do not give any advice including legal or taxation whatsoever on these blank templates nor accept any responsibility in the event of any dispute arising and disclaim all liability or responsibility for any losses or damage which may be sustained by any person including the testator, beneficiaries, executors/executrices or any 3rd parties as a result of taking these blank templates and completing same.

For more information, contact John Lowe directly at

  •  info@moneydoctors.ie
  • +353 1 278 5555                                                                                                                                                                                                                       E.& O. E.

John Lowe, QFA, APA Debt Mgt MCC, Dip.Iod., Fellow of the Institute of Bankers, is owner & managing director of Providence Finance Services Ltd trading as Money Doctors, based in Stillorgan Co Dublin. He is author of Money Doctors 2024 (19th edition published by Providence Press – RRP € 12.99) tel +353 1 278 5555  email info@moneydoctors.ie for webinars, seminars or consultations. Web www.moneydoctors.ieTwitter (@the moneydoc), Facebook, Linkedin, Pinterest & Instagram                                   

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